State Records
Committee Appeal 00-10

BEFORE THE
STATE RECORDS COMMITTEE OF THE STATE OF UTAH

PEOPLE FOR
THE USA, COLOR COUNTRY CHAPTER, Appellant, vs.
KANE COUNTY, Appellee.

DECISION
AND ORDER
Case No. 00-10

By this appeal, People for
the USA, Color County Chapter ("PFUSA") seeks an order compelling Appellee,
Kane County (the "County"), to provide (1) the complete road agreement
between the Bureau of Land Management in Kane County, including all supporting
documents, (2) minutes from several meetings, (3) current plats and specific
descriptions of all county roads existing in Kane County, and (4) a second
written opinion from Steve Boyden of the Utah Attorney General's Office
concerning the aforementioned road agreement. At the hearing, the County
stated that a second written opinion from Mr. Boyden does not exist.

The State Records Committee,
having reviewed the materials submitted by the parties, and having heard
oral argument and testimony of the parties on November 29, 2000, now issues
the following Decision and Order.

STATEMENT
OF REASONS FOR DECISION

The parties have agreed that
the remaining information requested by PFUSA is public. Kane County must
make this information accessible to PFUSA so that it may determine which
of those records it would like copied. The Committee strongly suggests
that the parties establish a procedure that will allow PFUSA to thoroughly
inspect the documents in the County's possession. Options suggested by
the parties at the hearing to allow PFUSA to obtain copies of those documents
included outsourcing PFUSA's copy requests to a private company or making
copies with County copying equipment where possible.

ORDER

WHEREFORE, IT IS ORDERED THAT
Appellant's appeal is granted. The County must provide access to PFUSA
to allow them to inspect the documents it has requested. If PFUSA has
any County documents or maps in its possession, it shall immediately return
those records.

RIGHT TO
APPEAL

Either party may appeal this
Decision and Order to the district court. The petition for review must
be filed no later than thirty (30) days after the date of this order.
The petition for judicial review must be a complaint. The complaint and
the appeals process are governed by the Utah Rules of Civil Procedure
and by Utah Code Ann. 63-2-404 (2000). The court is required to make
its decision de novo. In order to protect its rights on appeal, a party
may wish to seek advice from an attorney.